A/HRC/30/45
46.
The first information needed is data to understand the extent of the problem at hand.
For this purpose, letters have been addressed to all stakeholders, inviting them to provide
the requisite data. The response by the due date of 30 June 2015 has been fragmentary at
best, as has been the case for the participation of “source countries” invited by the Office of
the United Nations High Commissioner for Human Rights (OHCHR) to the two workshops
on unilateral coercive measures held in 201328 and 201429 and for the written responses to
the Secretary-General from the same States in preparation of the analytical report on this
theme, which he submits regularly to the General Assembly.30 The collection of
comprehensive data in this regard is an issue deserving further attention by the mandateholder.
B.
Study and evaluation of the practice of unilateral coercive measures
and its adverse impact on human rights
47.
On the basis of the fragmentary information gathered, the Special Rapporteur will
study the present trends, which all point to an increased resort to unilateral coercive
measures despite the concern expressed by the United Nations about this trend. It bears
mentioning that concern was already expressed by the Commission on Human Rights in its
resolution 1995/45 of 3 March 1995 and regularly reiterated thereafter. The Human Rights
Council itself adopted two decisions and seven resolutions31 expressing inter alia “deep
concern” at the fact that coercive measures continue to be promulgated. Furthermore, the
trend was has been unaffected by the numerous resolutions and outcome documents
adopted by the General Assembly,32 the United Nations Conference on Trade and
Development33 and other major international conferences 34 strongly urging States to refrain
from promulgating and applying unilateral coercive measures. The question arises as to
whether the multiplicity of United Nations resolutions adopted on such measures does not
signal an emerging customary law and evolving peremptory norms calling into question
present trends as they express themselves on the ground.
48.
Notwithstanding the 16 targets of sanctions currently applied by the Security
Council,35 there are 37 targets for the European Union36 and 3237 for the United States, of
which several overlap with Security Council sanctions, the overwhelming majority of the
European Union and United States targets being the same countries. Of these targets, 7
concern terrorist entities and traffickers in drugs and blood diamonds, transnational
criminal organizations and cybercriminals, which would have been more effective if they
had all been concerted at the United Nations level. Many other countries apply unilateral
28
29
30
31
32
33
34
35
36
37
14
See Human Rights Council resolution 19/32.
See Human Rights Council resolution 24/14.
See A/69/97 and A/68/211.
Human Rights Council decisions 4/103 and 18/120, and resolutions 6/7, 9/4, 12/22, 15/24, 19/32,
24/14 and 27/21.
General Assembly resolutions 69/180, 68/162, 67/170, 66/156, 65/217, 64/170, 63/179, 62/162,
61/170, 60/155, 59/188, 58/171, 57/222, 56/179, 56/148, 55/110, 54/172, 53/141, 52/120, 51/103,
50/96, 48/168, 46/210, 44/215, 42/173, 41/165, 40/185, 39/210 and 38/197.
See TD/500/Add.1, para. 25.
See, for example, the World Conference on Human Rights, held in Vienna in June 1993.
A list of Security Council sanctions regimes in force, along with reference to the Sanctions
Committees set up by the Council to monitor each individual sanctions regime, is available from
www.un.org/sc/committees/.
See http://eeas.europa.eu/cfsp/sanctions/docs/measures_en.pdf.
See www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
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